NSW Caselaw
New South Wales Supreme Court
CITATION : Public Trustee -v- [2007] NSWSC 1066
HEARING DATE(S) : 18 September 2007 JUDGMENT OF : Gzell J
EX TEMPORE JUDGMENT DATE : 18 September 2007
DECISION : Order that plaintiff would be justified in defending claims in the District Court proceedings
CATCHWORDS : PROCEDURE - Court's opinion sought under the Trustee Act 1925, s 63 - Letters of administration issued to plaintiff on death of deceased intestate - Father of deceased commenced District Court proceedings on 11 April 2007 alleging an oral loan payable on demand made on 9 April 1997 and a further oral loan made in February 2002 - In each case the moneys were paid to purchase property of the first of which the deceased was the sole registered proprietor in the second of which the deceased held a two tenth interest the other purchasers being the father and the brother of the deceased - Whether cause of action for first loan accrued on 9 April 1997 and action statute barred - Whether the presumption of advancement applied to the second loan
Trustee Act 1925 Wills Probate and Administration Act 1898 LEGISLATION CITED : Family Provision Act 1982 Limitation of Actions Act 1958 (Vic) Limitation Act 1969
Young v Queensland Trustees Ltd (1956) 99 CLR 560 Ogilvie v Adams [1981] VR 1041 CASES CITED : Nelson v Nelson (1995) 184 CLR 538 Calverley v Green (1984) 155 CLR 242 Norton v Ellam (1837) 2 M & W 463 (150 ER 839) Jacobs' Law of Trusts in Australia, 7th ed, LexisNexis Butterworths, Australia, 2000
PARTIES : Public Trustee of New South Wales - Applicant
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